Jeffersonville, Madison & Indianapolis Railroad v. Harrold

Reinhard, J. —

Harrold sued the appellants before a justice of the peace in Clark county for $100, the alleged value of a dog which it was charged in the complaint was killed by the locomotive engine and cars of appellants, on their railroad track, which, it was averred, was not securely fenced at the place where the dog entered upon the same.

There being no appearance for the defendants before the justice, judgment was entered against them by default for the sum of $100. They appealed to the circuit court, and there filed a demurrer to the complaint, upon the ground that the same did not state…